OPTIMUM RECOVERY, LLC
SAFETY INSTRUCTIONS AND CONTRAINDICATIONS
My agreement to this waiver constitutes my representation, acknowledgement, and agreement that I have read, understand and fully agree to the following:
Mandatory Safety Instructions for Whole Body Cryotherapy
You must wear cotton or wools socks (and underwear for men) to minimize the potential of chilblain (also known as pernio and chill burns) and other potential injuries from overexposure to cold temperatures;
Sessions are limited to 3 minutes per session to minimize the potential for such adverse effects from overexposure to cold temperatures;
During the session, you must ensure that your head remains above the level of, and avoid inhaling, gasiform air (the cloudy gas circulating in the cryochamber); while non-toxic, it is devoid of oxygen and may cause shortness of breath, fainting, or other conditions;
You must immediately notify the attendant and end the session if you are at any time experiencing any physical or mental discomfort, problems, pain or anxiety;
Abnormal skin sensitivity to cold may be caused by certain foods, cosmetics, lotions, piercings, or medication, including but not limited to, tranquilizers and high blood pressure medication—do not use whole body cryotherapy if you have reason to believe you have come in contact with or ingested any such product;
A person who is less than eighteen (18) years of age may not use whole body cryotherapy without written parental consent;
A person who is less than fourteen (14) years of age may not use whole body cryotherapy even with parental consent.
Whole Body Cryotherapy Contraindications
Do not use whole body cryotherapy if you have or may have any of the following conditions:
Pregnancy, Stage 2 Hypertension (BP>160/100) according to the American Heart Association, acute or recent myocardial infarction, unstable angina pectoris, arrhythmia, symptomatic cardiovascular disease, cardiac pacemaker, peripheral arterial occlusive disease, venous thrombosis, acute or recent cerebrovascular accident, uncontrolled seizures, Raynaud’s Syndrome, fever, tumor disease, symptomatic lung disorders, bleeding disorders, severe anemia, infection, claustrophobia, cold allergy, age less than 18 years (parental consent to session needed), acute kidney and urinary tract diseases.
THE FOREGOING IS NOT INTENDED TO BE A COMPLETE LIST OF CONTRAINDICATIONS FOR CRYOTHERAPY.AS WITH ANY FORM OF PHYSICAL EXERCISE OR THERAPY YOU SHOULD CONSULT A PHYSICIAN BEFORE ENGAGING IN CRYOTHERAPY TREATMENT TO ENSURE THAT YOU ARE MEDICALLY FIT TO ENGAGE IN SUCH ACTIVITY.YOU MAY HAVE UNDIAGNOSED CONDITIONS FOR WHICH CRYOTHERAPY IS CONTRAINDICATED.
Risks of whole body cryotherapy include, but are not limited to: fluctuation in blood pressure (due to peripheral vasoconstriction, systolic blood pressure may briefly increase by up to 10 points during the session. This effect should reverse after the end of the session, as peripheral circulation returns to normal), allergic reaction to extreme cold, claustrophobia, anxiety, and activation of some viral conditions (cold sores) etc. due to stimulation of the immune system. It is impossible to predict how the client’s skin will react during and/or after cryotherapy.
WAIVER OF LIABILITY, ASSUMPTIONS OF RISK AND HOLD HARMLESS
I, in consideration for using and as a condition of my use ofOptimum Recovery, LLC’s cryotherapy equipment have voluntarily chosen to participate in cryotherapy treatment with full knowledge of the risks and hazards described in the safety instructions above and the release set forth below.In consideration for my participation and use of the cryotherapy equipment, I acknowledge and agree that the cryotherapy treatment may be strenuous and/or present an inherent risk of personal injury and property damage.I am responsible for consulting with my physician prior to engaging in cryotherapy to ensure that I am medically fit for such activity.I represent that I am medically fit, that I have no known or suspected health conditions, including but not limited to pre-existing injuries, illness or pregnancy, that prohibit or limit my ability to participate in cryotherapy in any manner, and that I am not under the influence of alcohol or drugs.At all times during my cryotherapy session, I will properly utilize all safety equipment and follow all recommended instruction and procedures.While equipment, instructions, and procedures may reduce the inherent risks of cryotherapy, I understand that a substantial risk of personal injury or property damage remains and, therefore, agree as follows:
ON BEHALF OF MYSELF, MY SPOUSE, CHILDREN (INCLUDING ANY OF WHICH I AM GUARDIAN), HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, AND ASSIGNS AND ANYONE CLAIMING BY OR THROUGH ME OR ANY OF THE FOREGOING (COLLECTIVELY REFERRED TO AS “RELEASORS”), I HEREBY VOLUNTARILY AGREE AND RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY OPTIMUM RECOVERY, LLC, ITS MEMBERS, ARCHITECT FITNESS, LLC AND WHATEVER IT TAKES FITNESS, LLC AND ALL OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, AFFILIATES, MEMBERS, OFFICERS, MANAGERS, DIRECTORS, OWNERS, SERVANTS, AGENTS, EMPLOYEES, AND INSURERS (COLLECTIVELY REFERRED TO AS “RELEASEES”), FROM ANY AND ALL CLAIMS, DEMANDS, JUDGMENTS, LIABILITIES, LOSSES, INJURIES, PERSONAL INJURIES, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICES, DAMAGES, ACTIONS OR CAUSES OF ACTION, PRESENT OR FUTURE, WHATSOEVER, ARISING OUT OF OR ANY IN MANNER RELATED TO MY CRYOTHERAPY SESSION, USE OF THE CRYOTHERAPY EQUIPMENT, AND ANY AND ALL RELATED PRODUCTS, MATERIALS, FACILITIES AND/OR SERVICES, EVEN IF CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY OF THE RELEASEES. I HAVE READ AND UNDERSTAND AND VOLUNTARILY SIGN THIS DOCUMENT (INCLUDING THE WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT SET FORTH ABOVE) AND KNOWINGLY WAIVE ANY AND ALL RIGHTS AGAINST, AND RELEASE THE RELEASEES FROM, ANY SUCH CLAIMS, DEMANDS, JUDGMENTS, INJURIES, LOSS OF SERVICES, PERSONAL INJIURIES, PROPERTY DAMAGE, DAMAGES, WRONGFUL DEATH, ACTIONS AND CAUSES OF ACTION. IT IS MY EXPRESS INTENTION TO EXEMPT AND RELIEVE THE RELEASEES FROM ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, AND/OR WRONGFUL DEATH.
I hereby confirm that no warranty or guarantee, or other assurance, has been made to me concerning my cryotherapy treatment, the equipment used and/or offered for use by any of the Releasees and I hereby relieve them and agree to hold them harmless from all liabilities for injury or damage that may occur to me. I fully understand the cryotherapy treatment process, including possible adverse reactions, side effects, or other possible complications. It is understood that this CONSENT, WAIVER AND RELEASE is being given in advance of cryotherapy treatment and is being given by me voluntarily to use the equipment and/or obtain cryotherapy treatment.
I understand that the Releasees will not be responsible for any medical costs associated with any injury.
I understand that whole body cryotherapy is provided for the basic purpose of relaxation, stress reduction, and relief. I further understand that whole body cryotherapy should not be construed as a substitute for medical examination, diagnosis, or treatment and that I should consult with a physician or other qualified medical specialist for any mental or physical ailment.
I agree to keep Optimum Recovery, LLC updated as to any changes in my medical profile and understand that it is my sole ongoing responsibility to insure that I am medially fit to engage in cryotherapy.
I have read the instructions for proper use of the facilities and equipment and do so at my own risk and hereby release the owners, operators, franchisers, or manufacturers, from any damage or harm that I might incur due to use of the facilities and/or equipment.
My agreement constitutes my acknowledgment that (1) I have read, understand, and fully agree to all of the foregoing; (2) the proposed indoor cryo process has been satisfactorily explained to me and I have all of the information I desire; and (3) I hereby give my authorization and consent.This CONSENT, WAIVER, AND RELEASE shall stand as long as I use any equipment or obtain any products or services at any facility utilized by
IN AGREEING TO THIS DOCUMENT, I ACKNOWLEDGE AND REPRESENT THAT I HAVE READ AND UNDERSTAND THIS DOCUMENT, INCLUDING THE WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT, I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND AM FULLY COMPETENT, I HAVE GIVEN UP CONSIDERABLE FUTURE LEGAL RIGHTS, AND I EXECUTE THIS DOCUMENT FREELY, VOLUNTARILY, UNDER NO DURESS OR THREAT OF DURESS, WITHOUT INDUCEMENT, PROMISE OR GUARANTEE BEING COMMUNICATED TO ME.FURTHERMORE, I AGREE THAT I WILL COMPLY WITHALL INSTRUCTIONS ON THE USE OF THE CRYO DEVICE AND ALL OTHER EQUIPMENT AND THAT I AM USING SUCH EQUIPMENT AND OBTAINING ANY SERVICES AT MY OWN RISK.